The document discusses citizenship in India as per the Citizenship Act 1955. It provides an overview of citizenship by birth, descent, registration, naturalization and acquiring territory. It summarizes the qualifications for naturalization and rights of Overseas Citizen of India Cardholders. It also discusses the concerns around the Citizenship Amendment Act 2019, including violations of constitutional principles of equality and secularism.
Right to Information Act (RTI) a powerful law enacted in year 2005 for better governance in the country. RTI law is backed by Article 19(1) (a) of the Constitution of India which talks about freedom of speech and expression. For proper usage of this right one should have proper information about the Public Authority. Public Authority carries wider meaning than only government. There are two objectives of RTI Act, 2005, one is to bring transparency and accountability in governance and other one is to setting up of Central Information Commission (CIC) and State Information Commission (SIC) to hear appeals and complaints. There are lot of peculiarities in working of CIC and various SICs. Some state commissions are performing exceptionally well whereas some are lagging behind. Most of the state information commission offices are facing challenges in terms of vacancies which ultimately leading to backlog of appeals and complaints. Second biggest challenge is appointment of efficient Information Commissioners who can dispose cases in effective way and in timely manner. There are Information Commissioners who have given landmarks orders and disposed off large number of cases. Thus we can see the role of information commissioner is crucial for successful implementation of RTI Act, 2005.
Present paper will critically analyze working of Information Commission at central and state level alongwith some important orders delivered by CIC and SIC.
This PPT discusses the concept of Citizenship. Constitutional provisions for citizenship which are discussed in article 5-11 in Indian Constitution. In this ppt, it is described the definition of the topic citizenship, dual citizenship concept, and single citizenship concept. similar concepts that look like citizenship like nationality, domicile, and residency but these concepts are different from citizenship in nature.
It also discussed the citizenship amendment act, 1955 which clearly describes the provisions for acquiring and termination of citizenship.
Right to Information Act (RTI) a powerful law enacted in year 2005 for better governance in the country. RTI law is backed by Article 19(1) (a) of the Constitution of India which talks about freedom of speech and expression. For proper usage of this right one should have proper information about the Public Authority. Public Authority carries wider meaning than only government. There are two objectives of RTI Act, 2005, one is to bring transparency and accountability in governance and other one is to setting up of Central Information Commission (CIC) and State Information Commission (SIC) to hear appeals and complaints. There are lot of peculiarities in working of CIC and various SICs. Some state commissions are performing exceptionally well whereas some are lagging behind. Most of the state information commission offices are facing challenges in terms of vacancies which ultimately leading to backlog of appeals and complaints. Second biggest challenge is appointment of efficient Information Commissioners who can dispose cases in effective way and in timely manner. There are Information Commissioners who have given landmarks orders and disposed off large number of cases. Thus we can see the role of information commissioner is crucial for successful implementation of RTI Act, 2005.
Present paper will critically analyze working of Information Commission at central and state level alongwith some important orders delivered by CIC and SIC.
This PPT discusses the concept of Citizenship. Constitutional provisions for citizenship which are discussed in article 5-11 in Indian Constitution. In this ppt, it is described the definition of the topic citizenship, dual citizenship concept, and single citizenship concept. similar concepts that look like citizenship like nationality, domicile, and residency but these concepts are different from citizenship in nature.
It also discussed the citizenship amendment act, 1955 which clearly describes the provisions for acquiring and termination of citizenship.
India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well.
‘Religion’ is entirely a matter of choice, perception and belief.
People in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives.
When it comes to people who are extremely devoted to their religion, they leave no stone unturned in showing a substantial amount of fidelity towards their respective religion.
Citizenship under Indian Constitution and Citizenship act 1955Shivani Sharma
The slides relate to Part - II of the Indian Constitution i.e. Citizenship. It also includes citizenship under the Indian Citizenship Act, 1955 and Commonwealth Citizenship. Useful for Law students and Professionals.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
● Article - 16 helps us to establish a welfare state. There are a lot of disadvantaged and backward classes is our society - who have faced discrimination since time immemorial and still led down because of social stigmas. Article - 16 also helps us to uplift these disadvantaged sections by giving them Equal Opportunities in Employment and Appointment.
● Article -16 deals with very important question of reservation.
● At the time of Constitutional Assembly Debate on Article - 16 ,
Dr. B.R. Ambedkar referred Reservation as “Compensatory Benefits”.
● Under Article -16, the guarantee against discrimination is limited to employment and appointment under the State.
● This right is available to citizens only.
● Article 15 is more general and deals with all cases of discrimination which do not fall under Article -16.
Understanding Citizenship (Amendment) Act 2019, Assam Accord and National Reg...DVSResearchFoundatio
OBJECTIVE
The objective of the webinar shall be to provide a sense of all the commotion around the Citizenship Amendment Act, 2019, its relationship to the Assam Accord and the National Register of Citizens(NRC). In the first part, the webinar traces the evolution of the Citizenship laws in India while providing special focus on the changes envisaged by the Citizenship Amendment Act, 2019. In the second part, it discusses the Assam Accord and its implementation with respect to the NRC. The webinar concludes with the proposed nationwide NRC and its link with National Population Register.
This presentation was made by me for college exams. Please give due credit .
Like, comment( positive or negative) .I will try to improve . Thanks. Enjoy.
Recently, the judgment of the Delhi High Court granted the bail to three activists, who have been in jail for over a year without trial, for their alleged role in the 2020 Delhi riots.
The judgment assumes significance because the charges were under the Unlawful Activities Prevention Act (UAPA), 1967. UAPA is criticized by the civil society as antithetical to constitutional freedom to dissent, rule of law and fair trial.
The Delhi high court judgement is a step in the right direction, but there are many issues associated with the UAPA.
PUBLIC SERVICE COMMISSION Article 315 - Article 323 Sai Vardhana
Public Service Commission Very important topic to be studied by everyone mainly UPSC aspirants, Law Students. This Presentation is prepared based on Articles of Public Service commission from Art 315 - Art 323. This topic discusses about the working, Procedure of recruitment of IAS officers, Chairman and members of commission of state and also Union and also Joint state Public Service commission in India.
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
Lecture notes on scope of total income and residental status under income ta...Dr. Sanjay Sawant Dessai
Lecture notes prepared for the students of Income tax , based on Income tax Act of India 1961. topic covered are Residential status and scope of total income of assessee.
India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well.
‘Religion’ is entirely a matter of choice, perception and belief.
People in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives.
When it comes to people who are extremely devoted to their religion, they leave no stone unturned in showing a substantial amount of fidelity towards their respective religion.
Citizenship under Indian Constitution and Citizenship act 1955Shivani Sharma
The slides relate to Part - II of the Indian Constitution i.e. Citizenship. It also includes citizenship under the Indian Citizenship Act, 1955 and Commonwealth Citizenship. Useful for Law students and Professionals.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
● Article - 16 helps us to establish a welfare state. There are a lot of disadvantaged and backward classes is our society - who have faced discrimination since time immemorial and still led down because of social stigmas. Article - 16 also helps us to uplift these disadvantaged sections by giving them Equal Opportunities in Employment and Appointment.
● Article -16 deals with very important question of reservation.
● At the time of Constitutional Assembly Debate on Article - 16 ,
Dr. B.R. Ambedkar referred Reservation as “Compensatory Benefits”.
● Under Article -16, the guarantee against discrimination is limited to employment and appointment under the State.
● This right is available to citizens only.
● Article 15 is more general and deals with all cases of discrimination which do not fall under Article -16.
Understanding Citizenship (Amendment) Act 2019, Assam Accord and National Reg...DVSResearchFoundatio
OBJECTIVE
The objective of the webinar shall be to provide a sense of all the commotion around the Citizenship Amendment Act, 2019, its relationship to the Assam Accord and the National Register of Citizens(NRC). In the first part, the webinar traces the evolution of the Citizenship laws in India while providing special focus on the changes envisaged by the Citizenship Amendment Act, 2019. In the second part, it discusses the Assam Accord and its implementation with respect to the NRC. The webinar concludes with the proposed nationwide NRC and its link with National Population Register.
This presentation was made by me for college exams. Please give due credit .
Like, comment( positive or negative) .I will try to improve . Thanks. Enjoy.
Recently, the judgment of the Delhi High Court granted the bail to three activists, who have been in jail for over a year without trial, for their alleged role in the 2020 Delhi riots.
The judgment assumes significance because the charges were under the Unlawful Activities Prevention Act (UAPA), 1967. UAPA is criticized by the civil society as antithetical to constitutional freedom to dissent, rule of law and fair trial.
The Delhi high court judgement is a step in the right direction, but there are many issues associated with the UAPA.
PUBLIC SERVICE COMMISSION Article 315 - Article 323 Sai Vardhana
Public Service Commission Very important topic to be studied by everyone mainly UPSC aspirants, Law Students. This Presentation is prepared based on Articles of Public Service commission from Art 315 - Art 323. This topic discusses about the working, Procedure of recruitment of IAS officers, Chairman and members of commission of state and also Union and also Joint state Public Service commission in India.
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
Lecture notes on scope of total income and residental status under income ta...Dr. Sanjay Sawant Dessai
Lecture notes prepared for the students of Income tax , based on Income tax Act of India 1961. topic covered are Residential status and scope of total income of assessee.
The Indian Prime Minister, Mr. Narendra Modi, during his last visit to the United States, had promised to the Indian community about a life-time visa and exemption from the requirement of registering with police authorities during long-term stays in India for Persons of Indian Origin (PIO) .
The Act has amended the Citizenship Act, 1955 to give eligibility for Indian citizenship to persecuted minorities who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014. The Act does not mention Muslims.
This is a careful study done, not to deceive anyone, but to bring out the facts and educate the common man about it. Whatever be your political inclination, these facts can be either taken or rejected, as pleasing ones beliefs. They do not stand to alter, the facts which I have learnt through this study. Surely, some political class in the country, has chosen to take full use of the uninterested and biased, the appeased and the leftists, to create a false rhetoric, that CAA stands to expel a perticular community from India and is anti-community for them.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. What is citizenship?
Citizenship is the legal right to belong to a
particular country.
In other words, citizenship bestows upon
individuals membership in a national political
community.
Citizens enjoy civil and political rights in a
sovereign state.
Citizenship within the Indian Constitution:
The Constitution of India provided for
Citizenship to Indians under Article 5 to 11
3. The Constitution of India provided for Citizenship to Indians under
Articles 5 to 11. (PART-II)
1) Article 5: provides for citizenship by domicile.
2) Article 6: grants citizenship to persons who migrated from Pakistan
to the present India before the commencement of the Constitution
of India
3) Article 7: confers citizenship on those persons who migrated to
Pakistan after announcement of Independence but later returned
back to India
4) Article 8: provides for citizenship to those persons whose parents
or grandparents were born in India, but are resident of abroad
5) Article 9: provides that any person who acquired the citizenship of
any other country will not be entitled to the citizenship of India.
6) Article 10: states that all citizens shall continue to be citizens of
India
7) Article 11: confers power on the Parliament to make rules regarding
citizenship
4. By virtue of Article 11 of the Constitution
the Parliament enacted the Citizenship Act,
1955
The Act provides for acquisition and loss of
citizenship after the commencement of the
constitution.
5. 1. Citizenship by birth (Sec.3): A person born in
India on or after 3rd December, 2004 is
considered citizen of India by birth if both the
parents are citizens of India or one of the
parents is a citizen of India and the other is not
an illegal migrant at the time of his birth.
2. Citizenship by Descent (Sec.4): Till 1992, a
person whose is born outside India and had an
Indian father, was eligible for citizenship by
descent. However, December 2004 onwards, a
person is considered an Indian citizen if his/her
birth is registered within one year.
6. 3. Citizenship by Registration (Sec.5): Subject to certain
conditions and restrictions, the a person of Indian
origin or a woman married to Indian citizen can be
registered as Indian citizen.
4. Citizenship by Naturalization (Sec.6): Citizenship of
India by naturalization can be acquired by a foreigner
who have resided in India during the last 12 months,
and for 11 of the previous 14 years and satisfies other
qualifications as specified in Third Schedule of the
Act.
Sec.6A. Special provisions as to citizenship of persons
covered by the Assam Accord.
(Sec. 6B inserted by CAA,2019)
3. Citizenship by acquiring territory (Sec.7): If a new
territory becomes a part of India, the government of
India specifies the persons of that territory who shall
be citizens of India
7. The qualifications for naturalisation of a person are―
(a) that he is not a subject or citizen of any country where
citizens of India are prevented by law or practice of that country
from becoming subjects or citizens of that country by
naturalisation;
(b) that, if he is a citizen of any country;
(c) that he has either resided in India or been in the service of a
Government in India or partly the one and partly the other,
throughout the period of twelve months immediately preceding
the date of the application;
[Provided that if the Central Government is satisfied that special
circumstances exist, it may, after recording the circumstances in
writing, relax the period of twelve months up to a maximum of
thirty days which may be in different breaks.]
8. (d) that during the 1 [fourteen years] immediately preceding the said period of
twelve months, he has either resided in India or been in the service of a
Government in India, or partly the one and partly the other, for periods
amounting in the aggregate to not less than 2 [eleven years];
'Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or
Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate
period of residence or service of Government in India as required under this
clause shall be read as "not less than five years" in place of "not less than eleven
years".(CAA,2019)
(e) that he is of good character;
(f) that he has an adequate knowledge of a language specified in the Eighth
Schedule to the Constitution; and
(g) that in the event of a certificate of naturalisation being granted to him, he
intends to reside in India, or to enter into, or continue in, service under a
Government in India or under an international organisation of which India is a
member or under a society, company or body of persons established in India:
Provided that the Central Government may, if in the special circumstances of
any particular case it thinks fit,― (i) allow a continuous period of twelve months
ending not more than six months before the date of the application to be
reckoned, for the purposes of clause (c) above, as if it had immediately
preceded that date; (ii) allow periods of residence or service earlier than 3
[fifteen years] before the date of the application to be reckoned in computing
the aggregate mentioned in clause (d) above.
9. (Overseas citizenship means a person
registered as an overseas citizen of Indian
Card holder by the CG of India)
Sec. 7A. Registration of Overseas Citizen of
India Cardholder.
Sec. 7B. Conferment of rights on Overseas
Citizen of India Cardholder.
Sec. 7C. Renunciation of Overseas Citizen
of India Card.
Sec. 7D. Cancellation of registration as
Overseas Citizen of India Cardholder. (CAA,
2019)
10. Sec. 8. Renunciation of citizenship.
Sec. 9. Termination of citizenship.
Sec. 10. Deprivation of citizenship.
11. The Central Government may, in such cases
as it thinks fit, certify that a person with
respect to whose citizenship of India a doubt
exists, is a citizen of India; and a certificate
issued under this section shall, unless it is
proved that it was obtained by means of
fraud, false representation or concealment
of any material fact, be conclusive evidence
that person was such a citizen on the date
thereof, but without prejudice to any
evidence that he was such a citizen at an
earlier date.
12. (1) The prescribed authority or the Central
Government may, in its discretion, grant or
refuse an application under 1 [sections 5, 6
and 7A] and shall not be required to assign
any reasons for such grant or refusal.
(2) Subject to the provisions of section l5 the
decision of the prescribed authority or the
Central Government on any such application
as aforesaid shall be final and shall not be
called in question in any court.
13. (1) The Central Government may compulsorily register every citizen of
India and issue national identity card to him.
(2) The Central Government may maintain a National Register of
Indian Citizens and for that purpose establish a National Registration
Authority.
(3) On and from the date of commencement of the Citizenship
(Amendment) Act, 2003 (6 of 2004), the Registrar General, India,
appointed under sub-section (1) of section 3 of the Registration of
Births and Deaths Act, 1969 (18 of 1969) shall act as the National
Registration Authority and he shall function as the Registrar General of
Citizen Registration.
(4) The Central Government may appoint such other officers and staff
as may be required to assist the Registrar General of Citizen
Registration in discharging his functions and responsibilities.
(5) The procedure to be followed in compulsory registration of the
citizens of India shall be such as may be prescribed.
15. 1. The Citizenship Act, 1955 to make illegal
migrants who are Hindus, Sikhs, Buddhists,
Jains, Parsis and Christians from Afghanistan,
Bangladesh and Pakistan, eligible for
citizenship.(Inserted a Provisio to Sec2(1)(b)
CAA,2019)
Note: The Citizenship Act, 1955 prohibits illegal
migrants from acquiring Indian citizenship
2. It seeks to reduce the minimum years of
residency in India to apply for citizenship to be
lessened from 12 years to 7 years for such
migrants.
16. • According to Citizenship Act 1955, an illegal
migrant is a foreigner who enters the country
without valid travel documents, like a
passport and visa, or enters with valid
documents, but stays beyond the permitted
time period
• Illegal migrants may be imprisoned or
deported under the Foreigners Act, 1946 and
the Passport (Entry into India) Act, 1920.
17. 3. The Act provides that the registration of
Overseas Citizen of India (OCI) cardholders
may be cancelled if they violate any law.
(Amended - Sec.7D)
The Act will apply to all States and Union
Territories of the country.
Note: OCIs are persons who are given a
lifetime visa status.
18. The Citizenship (Amendment) Act grant
citizenship to the non-Muslims Hindus, Sikhs,
Christians, Buddhist, Jains and Parsis -- from
Afghanistan, Pakistan and Bangladesh who
arrived in India before December 31, 2014.
In other words, the CAA paves way for Indian
citizenship to lakhs of immigrants, who
identify themselves with any of the given
religions, even if they lacked any document
to prove their residency. It also means that
any immigrant who does not belong to the
said communities would not be eligible for
Indian citizenship
19. 1. Violation of Right to Equality:
• The bill violates the Right to Equality (Article 14)
as it seeks to grant citizenships to illegal
migrants on the basis of religion.
• It fails the test of reasonability contained in
Article 14. This is because it does not provide
any concrete reasons for limiting eligibility of
citizenship to 6 minorities of only 3 countries.
• For example: Rohingya Muslims from Myanmar,
Ahmadiyya and Shia Muslims from Pakistan and
Uighur Muslims from China who face religious
persecution have been overlooked.
20. 2. Against the Basic Structure of the
Constitution: Critics argue that the Act
undermines secularism and is thus against
the Basic Structure of the Constitution.
Secularism as a basic structure has been
reiterated by the Supreme Court in S R
Bommai vs. Union of India (1994)
21. 3. Violation of Assam Accord:
Section 6A of the Citizenship Act relates to
provisions for citizenship of people covered by
the Assam Accord. The Act fixes March 25, 1971
as the cut-off date for granting citizenship to
Bangladeshi migrants in Assam. However, the Act
makes changes the cut-off date.
Critics argue that the Act would undermine the
rights of indigenous Assamese people and would
be in violation of Clause 6 of Assam accord which
ensures constitutional, legislative and
administrative safeguards, to protect, preserve
and promote the culture, social, linguistic
identity and heritage of the Assamese people.
22. 4. Conflict with NRC: There is an
apprehension that the Act would be in
conflict with the ongoing exercise to
update the National Register of Citizens in
Assam, for which the cut-off date is March
25th, 1971
23. NRC is the National Register of Citizens.
The NRC identified and eliminated illegal immigrants from Assam on
the Supreme Court's order.
This has been a state-specific exercise to keep its ethnic uniqueness
unaltered. But ever since its implementation, there has been a
growing demand for its nationwide implementation. Now, many top
BJP leaders including Home Minister Amit Shah have proposed that the
NRC in Assam be implemented across India. It effectively suggests to
bring a legislation that will enable the government to identify
infiltrators who have been living in India illegally, detain them and
finally to deport them where they came from.
24. Assam BJP unit president Ranjeet Kumar Dass
said that bringing Citizenship Amendment Act
(CAA) has become more pertinent for over 19
lakh people are excluded in the final national
register of citizens (NRC) published on August 31.
He said that the Act will benefit large number of
Indians who did not make it to the NRC. BJP has
been alleging that not accepting refugee
certificate issued prior 1971 has resulted in the
exclusion of large number of Bengali Hindu, Koch
Rajbonshi and Buddhist people from final NRC.
25. 5. Vague procedure to cancel OCI
registration: The Act allows cancellation of
OCI registration for violation of any law.
But the offences covered under this have
not been mentioned, hence, OCI can be
cancelled for petty offences.
26. 6. Fails on the tenets of international
refugee law: Although India is not a
signatory to the 1951 UN Refugee
Convention, granting refuge based on
humanitarian considerations is arguably a
norm of customary international law. The Act
considers persecuted minorities as migrants
whereas word migration refers to
the voluntary movement of people, primarily
for better economic prospects. Contrarily,
refuge is an involuntary act of forced
movement.
27. 7. Concerns over Insurgency:
The North Eastern states have vehemently
opposed the Act over the concerns that
citizenship to illegal migrants would pose a
threat to their cultural and linguistic
identity and put a strain on resources and
economic opportunities.
There have already been widespread
protests in NE states which further arise
concerns over insurgency.
28. 8.Violation of United Nations Declaration
on the Rights of Indigenous Peoples
(UNDRIP): The Act particularly violates
Clause 1 of the Declaration which states
that indigenous peoples and individuals
have the right not to be subjected to
forced assimilation or destruction of their
culture
29. • All NE states (Tripura partially) have
been opposing the Act.
• Mizoram is concerned that Buddhist
Chakmas from Bangladesh may take
advantage of the law
• Meghalaya and Nagaland are
apprehensive of influx of Bengali migrants
• Arunachal Pradesh fears that the law
would favour and benefit the Chakma,
Hajongs and the Tibetans
30. 1. The Act should be seen in a positive light as it
seeks to address the plight of persecuted minorities
who had no other option aside from coming to India
illegally.
2. However, the government must look to
accommodate the Ahmadiyyas, Uyghurs and
Rohingyas who are persecuted minorities and have
approached India to seek refuge in time of need.
3. Further, the government should also formulate
policies and take appropriate measures to provide
education, employment and a decent living to the
concerned migrants.
4. The government should take necessary steps to
assure that the rights ad socio-cultural identity of
indigenous people is not affected.